S.N. Pathak, J. - (1.) The petitioner has approached this Court with a direction upon the respondents with the following prayers:- I. To correct the promotion order dated 14.08.2015 (Annexure-5) making it effective from 14.08.2007 and to correct the seniority of the petitioner with all consequential benefits. II. To restrain the respondent from holding the Departmental Promotion Committee for promotion from E6 to E7, without correcting the seniority position of the petitioner or alternatively and without prejudice to keep one promotional post vacant.
(2.) The short facts lying in narrow compass is that the petitioner joined Coal India Ltd. (in short CIL) on 29.06.1992 as Junior Executive Trainee (Commercial ) following the due process of recruitment. The services of the petitioner was confirmed in the Officers Grade E-2 after completion of probation period of one year w.e.f. 29.06.1993, which is known as the deemed date of promotion to E-2 Grade. Thereafter, the petitioner was promoted to E-3 Grade from E-2 Grade under cluster concept of promotion w.e.f. 31.01.1997 (though entitled from 29.06.1996) upon completion of three years of services. Thereafter, he was again promoted from E-3 to E-4 Grade w.e.f. 05.02.2004. The next promotion due for the petitioner's batch under cluster concept of promotion from E-4 to E-5 Grade is to be granted after completion of three years of service in E-4 Grade. Thereafter, E1 Grade got abolished leading to re designation of gradings. The Grade E1 became E2, E2 became E3, E3 became E4, E4 renamed as E5 and E5 renamed as E6 Grade. It is further the case of the petitioner that global seniority list of Sales and Marketing Discipline as on 22.11.2006 shows that the seniority of petitioner was just below Sri Dhanajay Kumar (EIS No.90076647) and above Sri Pradeep kumar Mishra (EIS No. 90076357). This position was just before the 28th Phase Cluster DPC (old E4 to E5/E5 to E6) held in the year, 2007 for considering the promotion of petitioner's batch mates and juniros from old E4 to E5/E5 to E6. Thus, the petitioner's seniority is much higher than the seniority being given to him presently under the time bound cluster concept of promotion. The higher seniority of the petitioner is on records since the time of his joining of the company on 29.06.1992.
(3.) The promotion of the petitioner under the 28th Phase Cluster DPC (old E4 to E5/E5 to E6 grade) had been kept withheld in 2007 due to pending of criminal case of personal nature while his batch mates and juniors had been promoted from old E4 to E5/E5 to E6 grade w.e.f 14.08.2007 wherein, the name of the petitioner does not figure in the promotion order. There was criminal case, Doranda (Argora) P.S. Case No. 329 of 2004 dated 15.10.2004 alleging offences under Sections 302, 498 A, 34 of the IPC lodged against the petitioner but he is now discharged in the said criminal case vide order dated 10.02.2015 passed in Criminal Revision No. 879 of 2011 passed by this Hon'ble Court. The petitioner was also exonerated in departmental proceeding, which was also made subject to outcome of the criminal case. When the petitioner was not given the promotion and the batch mates and juniors have been promoted, the petitioner moved before this Hon'ble Court by filing a writ petition bearing No. 3718 of 2014, which was disposed of vide order dated 22.04.2015 with a direction upon the respondent No. 7, Chairman-cumManaging Director, Central Coalfields Ltd. to consider the case of the petitioner for promotion, as prayed for by him, in accordance with law and if necessary, by placing the matter before the Departmental Promotion Committee, within a reasonable time, preferably within a period of twelve weeks from the date of receipt of a copy of this order. Pursuant thereto, the 'faulty' promotion order dated 14.08.2015 was passed by the respondents bearing order No. CIL/C-5A (CC)/ Prom.E5-E6/S&M/100 issued by the General Manager (Personnel), Coal India ltd. upon approval of the competent authority. On perusal of the aforesaid promotion order, it is evident that the promotion of the petitioner from E5 grade to E6 has been effected as recommended in the DPC (Board IV) under the 32nd Phase Cluster (old E4 to E5/E5 to E6).;